Page:พรบ แก้ไขเพิ่มเติม ปอ (๑๕) ๒๕๔๖.pdf/3

 In the event that the person fined has been detained before the court issued the judgment, the days of such detention shall be deducted from the amount of the fine at the rate of two hundred baht per day, save where he has been adjudged to both imprisonment and fine, in which case if the days of detention also need to be deducted from the time of imprisonment according to section 22, such deduction shall be made first, and whatever remains shall then be deducted from the fine.

When the person fined has incurred confinement instead of the fine until completion of the term, he shall be released on the day following the day of such completion. If money is provided to pay up his fine, he shall be released forthwith."

The following stipulations shall be inserted in the Penal Code as section 30/1, section 30/2, and section 30/3:

"In the event that a court has issued a judgment imposing a fine not over eighty thousand baht, the person fined, who is not a juristic person and has no money to pay the fine, may file with the court of first instance adjudging his case a petition for permission to perform a work of social service or work of public interest instead of [paying] the fine.

In considering the petition under paragraph 1, when the court finds it appropriate after taking into consideration the financial status, background, and nature of the offence of the person fined, the court may issue an order permitting the person to perform a work of social service or work of public interest instead of [paying] the fine. However, this under the care of a probation official, state agent, state agency, or organisation with objectives for social service, public charity, or public interest, that consents to exercising the care.

In the event that the court issues an order permitting the person fined to perform a work of social service or work of public interest instead of [paying] the fine, the court shall designate the nature or types of the work, the person taking care of the work, the day of commencement of the work, the period of time for the work, and the number of hours considered to be one day of work, taking into account the sex, age, background, religious profession, behaviour, intelligence, education, health, mental condition, habit, occupation, environment, or nature of the offence of the person fined, and the court may designate any particular conditions to be performed by the person fined, for the purposes of rehabilitation or of prevention of such person from committing an offence again.

If it later becomes known to the court that the circumstances relating to the work of social service or work of public interest of the person fined have changed, the court may revise as it finds appropriate the order it has designated.

In designating the period of time for performing a work instead of [paying] a fine according to paragraph 3, the provisions of section 30 shall be applied mutatis mutandis, and in the event that the court has not required the person fined to perform the work continuously, the performance of the said work is subject to a term of two years counted from the day of commencement of the work as designated by the court.